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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Under Section 11 of Arbitration and Conciliation Act, 1996 — Unilateral Appointment Clause Not Barred as Respondent Failed to Respond to Invocation Notice.

The petitioner, Uttam Energy Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitral...

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Supreme Court Dismisses Appeal Against High Court Order Refusing Termination of Arbitral Tribunal Mandate. Appellant Failed to Demonstrate Bias or Justifiable Doubts Under Section 14 of the Arbitration and Conciliation Act, 1996.

The appellant, a supplier of paper, entered into a contract with the respondent in 1993. Disputes arose regarding payment and quality of supply. The a...

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Bombay High Court Allows Writ Petitions Challenging Penalty Under Central Sales Tax Act for Alleged Misuse of Registration Certificate. Court Holds That Mere Issuance of C-Forms Without Actual Inter-State Movement Does Not Attract Penalty Under Section 10(d) of CST Act, 1956.

The petitioner, M/s. Brijda Roadlines Pvt. Ltd., a transport company engaged in the business of transportation and holding a dealership from Bharat Pe...

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Bombay High Court Allows Writ Petitions Challenging Penalty Under Central Sales Tax Act for Alleged Misuse of Declared Forms. Court holds that penalty under Section 10(d) read with Section 10A of the CST Act, 1956 cannot be imposed without establishing mens rea or conscious violation of law.

The petitioner, M/s. Brijda Roadlines Pvt. Ltd., a transport company engaged in the business of transporting goods and holding a dealership from Bhara...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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Bombay High Court Terminates Arbitral Tribunal Mandate for Unreasonable Delay in Filing Statement of Claim. Condonation of delay set aside as claimant failed to show sufficient cause for 7-month delay.

The petitioner, Wanbury Ltd., filed a petition under sections 14(1)(a), 14(2), and 32(2)(c) of the Arbitration and Conciliation Act, 1996, seeking a d...

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Bombay High Court Quashes Stay on Grampanchayat Elections Due to Lack of Jurisdiction and Violation of Natural Justice. Additional Collector's Order Staying Sarpanch/Up-Sarpanch Elections Set Aside as Unauthorized Under Maharashtra Village Panchayats Act, 1959.

The petitioners, Parmeshwar Kachru Satpute and Dadasaheb Baburao Khindkar, were members of the Group Grampanchayat of Babhalwadi, Bedkuchiwadi, and Be...

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Bombay High Court Allows Arbitration Application by Beneficiaries of Trust Under Section 11 of Arbitration and Conciliation Act, 1996 — Non-Signatory Beneficiaries Can Invoke Arbitration Clause in Trust Deed.

The applicants, beneficiaries of the first respondent trust (a private family trust created by a Deed of Trust dated 6th April 1983), filed an applica...

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Bombay High Court Dismisses Revision Against Refusal to Pass Decree on Admission in Suit Involving Minor Defendant. Order 32 CPC Compliance Mandatory for Decree on Admission Against Minor.

The petitioners, as original plaintiffs, filed Regular Civil Suit No.224 of 2003 against the respondents. The respondents appeared through two differe...